Lee E. ALLEN, Plaintiff-Appellee,
v.
Dr. Allen L. AULT, etc., et al., Defendants-Appellants.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
December 22, 1977.
December 22, 1977.
Attorney(s) appearing for the Case
Arthur K. Bolton, Atty. Gen., Harrison Kohler, Asst. Atty. Gen., Richard L. Chambers, Deputy Atty. Gen., Robert S. Stubbs, II, Exec. Asst. Atty. Gen., John C. Walden, Senior Asst. Atty. Gen., Atlanta, Ga., for defendants-appellants.
Lee E. Allen, pro se.
Edward E. Landers, pro se.
Robert H. Veal, pro se.
Hugh Don Smith, pro se.
Carol Clark, Atlanta, Ga. (Court-appointed), for plaintiff-appellee.
Before JONES, GODBOLD and GEE, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
PER CURIAM:
This appeal involves the application of Rule 59(b), F.R.Civ.P.1 The issue is whether the ten-day limit applies to filing as well as to service of the motion. The trial court dismissed defendants' motion for new trial after finding that the motion, served eight days after entry of judgment but filed one day after the ten-day limit on service, was not timely within the requirement of Rule 59(b). We hold that the ten-day limit...
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